Sibanye Gold Protection Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (JR2424/21) [2024] ZALCJHB 190 (7 May 2024)

Sibanye Gold Protection Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (JR2424/21) [2024] ZALCJHB 190 (7 May 2024)

The Labour Court found that the applicant failed to establish any reviewable irregularity in the arbitration proceedings. The Commissioner’s reliance on personal observations and photographs from the inspection in loco, even if procedurally questionable, did not materially affect the outcome, as the evidence from the first inspection in loco was extensively covered and undermined the applicant’s case. The credibility of the applicant’s witnesses was found wanting, with significant inconsistencies and omissions in their statements and testimony, particularly regarding the alleged sleeping incident and the absence of corroborating evidence such as video footage, occurrence book entries, or...

Citation
[2024] ZALCJHB 190
Parties
Applicant: Sibanye Gold Protection Services (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mooi F. N.O.; Respondent: NUM obo Makgoe
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 May 2024
Case Number
JR2424/21
Procedural Posture
Review Application / Judgment on Opposed Review Application Under Section 145 of the LRA
Outcome
The review application is dismissed with costs awarded against the applicant.
Judges
Ntsoane
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Credibility of Witnesses, Procedural Irregularity, Substantive Fairness, Costs Order
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Credibility of Witnesses Procedural Irregularity Substantive Fairness Costs Order

Case Brief

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Parties

Sibanye Gold Protection Services (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mooi F. N.O.

Respondent

NUM obo Makgoe

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review Application Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the arbitration award issued by the Commissioner under the auspices of the CCMA is reviewable and should be set aside under section 145 of the LRA.
  2. 2 Whether the Commissioner committed any gross irregularity in relying on personal observations and photographs from the inspection in loco.
  3. 3 Whether the Commissioner failed to properly consider the totality of the evidence presented at arbitration.

Ratio Decidendi

The Labour Court found that the applicant failed to establish any reviewable irregularity in the arbitration proceedings. The Commissioner’s reliance on personal observations and photographs from the inspection in loco, even if procedurally questionable, did not materially affect the outcome, as the evidence from the first inspection in loco was extensively covered and undermined the applicant’s case. The credibility of the applicant’s witnesses was found wanting, with significant inconsistencies and omissions in their statements and testimony, particularly regarding the alleged sleeping incident and the absence of corroborating evidence such as video footage, occurrence book entries, or...

Court Disposition

The review application is dismissed with costs awarded against the applicant.

Orders

  • The applicant’s review is dismissed.
  • The applicant must pay the costs of this review.